Determination Of The Crime Of Fraud Of The Contract Illegal Possession Purpose

With the development of China’s market economy, there are many contractfrauds. These contract frauds not only violate the property rights of the parties, butalso seriously infringed upon China’s market economic order. In order to better crackdown on contract fraud, the1997Criminal Law Amendment, contract fraud separatedfrom the general crime of fraud, as a stand-alone offense.Contract fraud is the behavior of cheating the other party a large amount ofproperty in the process of signing the contract. Can be seen from the counts ofcontract fraud, the purpose of illegal possession is a necessary element to identifycontract fraud. The purpose of illegal possession is the subjective elements andsubjective elements of the contract fraud. Lacking of purpose of illegal possession isdifficult to identify contract fraud and is dififcult to distinguish contract fraud andcontract disputes.Research for the purpose of illegal possession，domestic and foreign have manydoctrines, such as China’s "illegal all said”，Germany’s "exclusion and to establishpossession said", Japan’s "exclude right to said’1. The purpose of illegal possessionmeans the property of others is illegal implementation of domination and control.Domination and control must be based on the meaning of having. Exercised by allpersonnel have dominance and control. From domination and control, with the samecontent as the ownership is a realistic state of existence.The purpose of illegal possession is the subjective aspects of the people, hidingin the inner world of people, which resulted injudicial practice, the purpose of illegalpossession is often difficult to identify. The subjective purpose of the people is oftenthe objective behavior manifested by the behavior. Therefore, we can throughobjective behavior to presume illegal possession.In the presumption of the purpose ofillegal, behavior, ability to perform the contract, whether to perform the contractbehavior, with or without the implementation of the acts of fraud, the disposition ofthe property, the reason of the failing and the subsequent attitude are veryimportant.These six aspects are closely related, which is the key to presume whetherthe people have the illegal possession.Identified the purpose of illegal possession, need to start from the meaning ofthe purpose of illegal possession, sort out the illegal possession of the purpose andother concept, and correctly understanding the purpose of illegal possession’s status and role in the identifying contract fraud, finally, from the objective behavior topresume the purpose of illegal possession.